- (1.) The civil revision petition was dismissed as infructuous on March 1, 1990, as it was stated on behalf of the petitioner that the petition may be dismissed as such. However it was further directed that the Property attached well be put to auction as the judgment debtor has failed to furnish the Bank guarantee as ordered by the executing Court.
(2.) Learned counsel for the petitioner submitted that this direction could not be given as meanwhile the executing Court vide its order dated October 30, 1989, has ducked that the decree-holder should first pursue the execution against the property and person of judgment debtors 1 to 3, 5, 6 and that also to the logical end. According to the teamed counsel the petition was got dismissed as infactuous in view of the said order of the executing Court passed during the pendendy of the petition but the same could not be brought to the notice of the Court and, therefore, the above said direction was given.
(3.) In view of the said order of the executing Court dated October 30, 1989, the said order is modified and the said direction given that "however it is directed that the property attached will be put to auction as the judgment debtor has failed to furnish Bank guarantee as ordered by the executing Court is deleted. The review application is disposed of accordingly." Ordered accordingly.;